Utah Code § 32B-8d-101 Title.
32B-8d-101. Title.
This chapter is known as the "Sublicense Act."
Enacted by Chapter 219, 2020 General Session
General Provisions
Utah Code tit. 32B, ch. 32B-8d, pt. 32B-8d-P1
in effectUtah Code § 32B-8d-102 Definitions.
32B-8d-102. Definitions.
As used in this chapter:
(1) "Boundary of a hotel" means the same as that term is defined in Section 32B-8b-102.
(2) "Boundary of a resort building" means the same as that term is defined in Section 32B-8b-102.
(3) "Hotel" means the same as that term is defined in Section 32B-8b-102.
(4) "Resort building" means the same as that term is defined in Section 32B-8-102.
(5) "Spa" means a spa:
(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) that is within the:
(i) boundary of a resort building; or
(ii) boundary of a hotel.
Amended by Chapter 447, 2022 General Session
Utah Code § 32B-8d-103 Commission's power to issue a sublicense.
32B-8d-103. Commission's power to issue a sublicense.
(1) Before a person as a sublicensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicensed premises, the person shall first obtain a sublicense from the commission in accordance with:
(a) this chapter;
(b) Chapter 8, Resort License Act;
(c) Chapter 8b, Hotel License Act; and
(d) Chapter 8c, Arena License Act.
(2)
(a) The commission may issue to a person a sublicense to allow the storage, sale, offering for sale, furnishing, or consumption of an alcoholic product on the premises of the sublicense, if the person is:
(i) a principal licensee; or
(ii) a person seeking a principal license, contingent on the issuance of the principal license.
(b) The commission may not:
(i) issue a sublicense that is separate from a principal license; or
(ii) issue a single sublicense that covers more than one outlet in or on the boundaries of the principal licensee.
(3) When determining the total number of licenses the commission has issued for each type of retail license, the commission may not include a sublicense as one of the retail licenses issued under the provisions applicable to that sublicense.
(4) If a principal licensee seeks to add a sublicense after the commission issues the person's principal license, the principal licensee shall file with the department:
(a) a nonrefundable $300 application fee;
(b) an initial license fee of $2,250, which the commission shall refund if the commission does not issue the proposed sublicense;
(c) written consent of the local authority;
(d) a copy of:
(i) the principal licensee's current business; and
(ii) the proposed sublicensee's current business license, if the relevant political subdivision determines that the proposed sublicensee's business license is separate from the principal licensee's business license;
(e) evidence that the proposed sublicensed premises is entirely within the boundary of the principal license;
(f) a description, floor plan, and boundary map of the proposed sublicensed premises designating:
(i) each location at which the principal licensee proposes that an alcoholic product be stored; and
(ii) each location from which the principal licensee proposes that an alcoholic product be sold, furnished, or consumed;
(g) evidence that the principal licensee carries:
(i) public liability insurance in an amount and form satisfactory to the department; and
(ii) dramshop insurance coverage in the amount required by Section 32B-5-201 that covers the proposed sublicense;
(h) a signed consent form stating that the principal licensee will permit any authorized representative of the commission or department, or any law enforcement officer, to have an unrestricted right to enter the proposed sublicensed premises;
(i) if the principal licensee is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and
(j) any other information the commission or department may require.
Amended by Chapter 371, 2023 General Session
Utah Code § 32B-8d-104 General operational requirements for a sublicense.
32B-8d-104. General operational requirements for a sublicense.
(1) Except as provided in Subsections (2) through (5), a person operating under a sublicense is subject to the operational requirements under the provisions applicable to the sublicense.
(2) Notwithstanding a requirement in the provisions applicable to the sublicense, a person operating under the sublicense is not subject to a requirement that a certain percentage of the gross receipts for the sublicense be from the sale of food, except to the extent that the gross receipts for the sublicense are included in calculating the percentages under Subsections 32B-8-401(3), 32B-8b-301(6), and 32B-8c-301(3).
(3) Notwithstanding Section 32B-5-307,a patron may transport beer between the sublicensed premises of an arena licensee's accompanying sublicenses, if the patron transports the beer from and to an area of each sublicensed premises:
(a) that is adjacent to the other; and
(b) where the consumption of beer is permitted.
(4) Notwithstanding Section 32B-5-307, staff of a sublicensee or person otherwise operating under a sublicense of a hotel licensee or a resort licensee may transport an alcoholic beverage from and to sublicensed premises of the hotel license or resort license, if:
(a) the sublicensee is:
(i) a full-service restaurant sublicensee;
(ii) a limited-service restaurant sublicensee;
(iii) a bar establishment sublicensee;
(iv) a beer-only restaurant sublicensee; or
(v) an on-premise beer retailer sublicensee;
(b) the individual staff carries the alcoholic beverage:
(i) from the sublicensed premises of a sublicensee described in Subsection (4)(a);
(ii) briefly through an unlicensed area or briefly through sublicensed premises on which the type of alcoholic beverage that the individual staff carries is permitted; and
(iii) to the sublicensed premises of a sublicensee described in Subsection (4)(a); and
(c) the individual staff at all times stays within:
(i) the boundary of the hotel; or
(ii) the boundary of the resort building.
(5)
(a) Notwithstanding Section 32B-5-307, 32B-6-605, or 32B-6-1005, a patron may transport an alcoholic beverage between any of the following locations, if the patron lawfully obtained the alcoholic beverage on the premises of a sublicensee described in Subsections (5)(a)(i) through (iv) and complies with Subsection (5)(b):
(i) a bar establishment sublicensee's sublicensed premises;
(ii) a hospitality amenity sublicensee's sublicensed premises;
(iii) an on-premise banquet sublicensee's sublicensed premises; and
(iv) a guest room.
(b) A patron may transport an alcoholic beverage in accordance with Subsection (5)(a) only if:
(i) the patron travels exclusively within a designated conveyance area as defined in Section 32B-8-102 or 32B-8b-102; and
(ii) the alcoholic beverage:
(A) is not in the alcoholic beverage's original container; and
(B) is in an opaque or solid color container that is readily identifiable as intended for use in a designated conveyance area.
(6) Except as provided in Section 32B-8-502, for purposes of interpreting an operational requirement imposed by the provisions applicable to a sublicense:
(a) a requirement imposed on a sublicensee or person operating under a sublicense applies to the principal licensee; and
(b) a requirement imposed on staff of a sublicensee or person operating under a sublicense applies to staff of the principal licensee.
Amended by Chapter 94, 2024 General Session
Utah Code § 32B-8d-105 Enforcement of operational requirements.
32B-8d-105. Enforcement of operational requirements.
(1) Except as provided in Subsection 32B-8-502(2) and in addition to Subsection (2), failure by a person to comply with this chapter or an operational requirement under a provision applicable to a sublicense may result in disciplinary action in accordance with Chapter 3, Disciplinary Actions and Enforcement Act, against:
(a) a principal licensee;
(b) individual staff of a principal licensee;
(c) a sublicensee or person otherwise operating under a sublicense;
(d) individual staff of a sublicensee or person otherwise operating under a sublicense; or
(e) any combination of the persons listed in Subsections (1)(a) through (d).
(2) An operational requirement applicable to a sublicensee or person operating under a sublicense is enforced as provided by the provisions applicable to the sublicense.
Enacted by Chapter 219, 2020 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title32B/Chapter8D/32B-8d-P1.html?v=C32B-8d-P1_2020051220200512Fetched: 10/26/2026